How Do Police Obtain Statements From Victims?

When a crime occurs in England and Wales, one of the earliest stages of a police investigation involves gathering information from victims about what happened. A victim's account can be pivotal to identifying suspects, establishing key facts and building a prosecution case. Police carefully follow legal procedures and best‑practice standards when obtaining statements from victims, both to protect the integrity of the investigation and to safeguard the rights and wellbeing of the victim. This article explains how this process works, what rights victims have, what forms statements can take, and how statements are used in the criminal justice system.

What Is a Victim Statement?

A victim statement (often called a witness statement when used as evidence) is a written or recorded account provided by someone who has been the target or suffered harm as a result of a crime. It describes in the person's own words what happened, what was seen or experienced, and may also include the impact of the crime on their physical, emotional, and financial wellbeing.

There is also a specific type known as a Victim Personal Statement (VPS). This focuses not on the facts of the offence but on the effect of the crime on the victim, including psychological and financial impacts, and can be considered by a court at sentencing.

Reporting the Crime and First Police Contact

The process usually begins when a victim reports a crime to the police. This can be done by:

• Calling 999 in an emergency,
• Calling 101 for non‑emergencies, or
• Reporting online or in person at a police station.

Once a crime is reported, the police will:

1. Record the basic details of the offence,
2. Provide the victim with a crime reference number and contact details of the investigating officer, and
3. Begin the process of gathering evidence, including taking a statement if appropriate.

Under the Code of Practice for Victims of Crime, victims have the right to have the details of the crime recorded without unjustified delay, and any interviews for statements should be arranged promptly and with minimal unnecessary stress.

Taking the Statement

Where and How Statements Are Taken

Police strive to take statements in a way that is comfortable and safe for the victim. This can include:

• At a police station,
• At the victim's home,
• At another neutral or convenient location, or
• In some cases, remotely by telephone or video link (where appropriate).

The officer taking the statement will explain:

• why the statement is being taken,
• that it may be used as evidence in court, and
• that the victim should only include what they are sure about.

If the victim has communication needs or requires support (for example, an interpreter), the police must take reasonable steps to ensure these needs are met.

Content and Format

During the interview, the officer will ask questions to understand the circumstances of the crime and gather detailed information. The answers are usually recorded in writing on a standard police statement form. The victim will then be offered an opportunity to read through the statement, confirm it is accurate, and request corrections before signing it.

Every signed statement includes a declaration of truth confirming that the account is true to the best of the victim's knowledge. Once signed, the statement can be used as evidence in court.

Victim Personal Statements (VPS)

What a VPS Covers

A Victim Personal Statement is separate from the factual account of what happened:

• It records how the crime has affected you personally - physically, emotionally, mentally or financially.
• It can include fears or concerns about the defendant if they are released on bail.
• It is not used as evidence of fact but is considered at sentencing if the defendant is convicted.

Making a VPS

Victims can make a VPS at the same time as their main statement or later in the investigation, up to the point of sentencing. Police will explain this option when they take the statement. The VPS becomes part of the case papers and, if read in court, may influence how the sentence is decided.

Support for Victims During Statement Taking

Special Measures and Vulnerability

The Victims' Code emphasises that police should assess victims for vulnerability or intimidation and provide appropriate support, such as:

• Checking whether the interview environment is suitable,
• Arranging for interviews to be video‑recorded if the victim is vulnerable,
• Offering special measures at court (for example, giving evidence via a live link).

These safeguards help ensure victims can provide their account without distress or unnecessary difficulty.

After the Statement Is Taken

What Happens Next

After taking a statement:

• The police will keep the victim informed about the progress of the investigation, as required by the Code of Practice.
• If the case is referred to the Crown Prosecution Service (CPS) for charging decisions, the victim may be updated on how the statement influences prosecution decisions.
• Victims can ask the CPS to review their statement before court to refresh their memory.

Court and Evidence

If the case goes to trial, the witness statement will usually form part of the evidence. The defence and prosecution may refer to it, and the victim may be asked to attend court to give evidence based on that statement.

The VPS, if one was made, can be read aloud in court or used to inform the sentencing decision if the defendant is found guilty.

Common Questions

Do I Have to Give a Statement?

Victims are not compelled to give a statement in the first place, but choosing not to may limit the available evidence. Police and prosecutors encourage cooperation but cannot force a victim to provide an account.

Can I Change a Statement After Signing?

A victim can discuss amendments with police before signing. Once the statement is part of the case file it becomes evidence, but if you recall new information later, you can provide an updated statement to the police.

Can Someone Else Help Me Give a Statement?

If a victim needs support due to language or disability, police must facilitate reasonable assistance, such as interpreters. Where appropriate, victims can be accompanied by a family member or support person during the process.

Key Takeaways

Police obtain statements from victims by first recording the crime, contacting the victim to arrange an interview, and then taking a detailed account of what happened. Statements are usually taken in writing, with victims given time to review and confirm accuracy. The Victims' Code sets out standards for how this should be done, including timely interviews, consideration of support needs, and respect for victims' rights. Victims also have the opportunity to make a Victim Personal Statement about the impact of the crime, which can influence sentencing. These statements form key evidence in criminal proceedings and are central to building a thorough and fair case.